Segrest v. Gillette

414 S.E.2d 334, 331 N.C. 97, 1992 N.C. LEXIS 151
CourtSupreme Court of North Carolina
DecidedMarch 5, 1992
Docket49PA90
StatusPublished
Cited by9 cases

This text of 414 S.E.2d 334 (Segrest v. Gillette) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Segrest v. Gillette, 414 S.E.2d 334, 331 N.C. 97, 1992 N.C. LEXIS 151 (N.C. 1992).

Opinions

WEBB, Justice.

Defendants’ Appeal

The defendants appeal from that part of the decision of the Court of Appeals which held it was error to admit into evidence an exhibit which contained evidence that Amy’s death was caused by a viral infection rather than an anesthetic as contended by the plaintiff. A short time before Amy died, blood was drawn from her for a laboratory test for the Epstein-Barr virus. The test was performed at Presbyterian Hospital which had the only laboratory in Charlotte capable of performing the Epstein-Barr test. According to the defendants’ evidence, the results of the test were sent by Presbyterian Hospital to Charlotte Memorial Hospital. The results were placed in Charlotte Memorial’s file but for some reason were not placed on Amy’s chart, although her chart did show that the test had been ordered and the results returned.

The defendants’ evidence further showed that at some time after Amy’s death, Dr. Dana Hershey, the president of Southeast Anesthesia Associates, but not a defendant in this case, was gathering information for a medical article. Dr. Hershey called a lab technician at Charlotte Memorial, and asked for the results of the test. The technician called the Presbyterian laboratory and wrote the results of the test on a slip of paper which she sent Dr. Hershey. [100]*100This slip showed that the test for the Epstein-Barr virus was positive.

The defendants’ evidence also showed that Dr. Hershey sent a photocopy of the slip to the defendant Dr. Greenhoot, who placed it in her file without being aware of its significance. During a conference with her attorneys in preparation for the trial, she found the slip in her file. The defendants furnished a copy of the slip to the plaintiff on 12 February 1988. The Presbyterian Hospital had purged its files and destroyed the evidence it had by the time Dr. Greenhoot delivered the slip to her attorneys.

The plaintiff made a motion to suppress any evidence of the slip on the ground of surprise. The court denied this motion without prejudice on 24 February 1988. The trial commenced on 29 February 1988. Dr. Greenhoot was called as a witness by the plaintiff. She testified for four days. On the third day of her testimony, she was being examined by her attorney who asked her what, in her opinion, was the cause of Amy Segrest’s death. She testified that in her opinion the death was caused by a viral infection. She gave three factors in support of her opinion which were: (1) the symptoms Amy exhibited, (2) the rarity of halothane hepatitis in children, and (3) the result of a test done just before Amy died. The plaintiff objected to the admissibility of the slip. The court did not allow the slip to be admitted into evidence but allowed the witness to testify that the slip was a factor on which she based her opinion.

The plaintiff questioned Dr. Greenhoot in an effort to discredit the evidence adduced from the slip. At the close of the plaintiff’s evidence he had the slip marked as plaintiff’s exhibit number 11 and introduced it into evidence.

The defendants contend the plaintiff introduced the slip into evidence and cannot contend on appeal that it was error for the jury to hear testimony about it. The plaintiff argues that he did not introduce the slip as substantive evidence but to attack it. He contends it was error to allow Dr. Greenhoot to testify that she based her opinion, as to the cause of death, on the information contained on the slip. He says he introduced the slip for the purpose of attacking the authenticity, reliability and relevancy of the document. He argues that he was entitled to have the slip introduced for the purpose of attacking it without having it considered for any other purpose.

[101]*101The plaintiff cites no authority for the proposition that a party may introduce a document for the purpose of impeaching it and in such a case the jury can consider it only for impeachment purposes.

Assuming that a party may introduce an exhibit for this limited purpose without allowing the jury to consider it for any other purpose, the plaintiff in this case did not do so. He did not request the court to restrict the jury’s consideration of the slip but simply offered it into evidence. After the slip was received into evidence, other witnesses could testify to its contents and it could be considered by the jury. We reverse the holding of the Court of Appeals that it was error to admit the slip into evidence.

Plaintiff’s Appeal

The plaintiff’s first assignment of error is to the Court of Appeals’ holding that although the slip was inadmissible as substantive evidence, it could nevertheless be used as the basis of opinion testimony by the defendants’ witnesses. Based on our holding that it was not error to introduce the slip into evidence, we overrule this assignment of error.

The plaintiff next assigns error to the exclusion from evidence of the death certificate of Amy Segrest. The plaintiff offered into evidence the death certificate which said:

Death caused by
(a) Immediate cause: Acute liver failure with massive necrosis;
(b) Due to, or as a consequence of: History of Halothane anesthesia.

The court ordered the reference to halothane anesthesia, as a cause of death, struck from the death certificate as a condition of allowing it into evidence. The plaintiff contends this was error.

This assignment of error brings to the Court a question as to the admissibility into evidence of a death certificate. There have been several cases dealing with this question. See Branch v. Dempsey, 265 N.C. 733, 145 S.E.2d 395 (1965); Flintall v. Insurance Co., 259 N.C. 666, 131 S.E.2d 312 (1963); Blalock v. Durham, 244 N.C. 208, 92 S.E.2d 758 (1956); Rees v. Insurance Co., 216 N.C. 428, 5 S.E.2d 154 (1939); Drain v. United Services Life Insurance Co., 85 N.C. App. 174, 354 S.E.2d 269, disc. rev. denied, 320 N.C. 630, [102]*102360 S.E.2d 85 (1987); Spillman v. Hospital, 30 N.C. App. 406, 227 S.E.2d 292 (1976).

N.C.G.S. § 130A-392 provides in part:
Reports of investigations made by a county medical examiner or by the Chief Medical Examiner and toxicology and autopsy reports made pursuant to this Part may be received as evidence in any court or other proceeding.

Chapter 130A of the General Statutes provides that the Secretary of Environment, Health and Natural Resources shall appoint a State Registrar of Vital Statistics who shall supply copies of death certificates. N.C.G.S. § 130A-93(h) provides in part:

A certified copy issued under the provisions of this section shall have the same evidentiary value as the original and shall be prima facie evidence of the facts stated in the document.

N.C.G.S. § 8C-1, Rule 803 provides in part:

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Segrest v. Gillette
414 S.E.2d 334 (Supreme Court of North Carolina, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
414 S.E.2d 334, 331 N.C. 97, 1992 N.C. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segrest-v-gillette-nc-1992.